NYCLU: DOE's spot between city, state oversight leads to abuse

Another notable nugget from the mayoral control forum Friday came from Udi Ofer, the advocacy director at the New York Civil Liberties Union. NYCLU hasn’t taken a position on the most basic question of mayoral control (should the mayor have control or should there be a school board), but the organization seems very likely to push for adding checks and balances to the Department of Education’s authority.

Echoing concerns that I wrote about last week, Ofer said a central problem lies in the Department of Education’s peculiar position between being a state agency subject to state oversight and a city agency subject to city oversight. He gave two examples of how the dilemma plays out. The first is that the DOE, by his account, refuses to follow both the state and city versions of a law called the Administrative Procedures Act, which forces government agencies to, among other things, allow some finite public comment period before enacting new regulations.

Here’s his explanation (and below it I’ll put his second example, the mayor’s refusal to enact the City Council’s Dignity in all Schools Act):

Hiring more security officers in Memphis after school shootings could have unintended consequences

Tennessee’s largest district, Shelby County Schools, is slated to add more school resource officers under the proposed budget for next school year.

Superintendent Dorsey Hopson earmarked $2 million to hire 30 school resource officers in addition to the 98 already in some of its 150-plus schools. The school board is scheduled to vote on the budget Tuesday.

But an increase in law enforcement officers could have unintended consequences.

A new state law that bans local governments from refusing to cooperate with federal immigration officials could put school resource officers in an awkward position.

Tennessee Education Commissioner Candice McQueen recently reminded school personnel they are not obligated to release student information regarding immigration status. School resource officers employed by police or sheriff’s departments, however, do not answer to school districts. Shelby County Schools is still reviewing the law, but school board members have previously gone on the record emphasizing their commitment to protecting undocumented students.

“Right now we are just trying to get a better understanding of the law and the impact that it may have,” said Natalia Powers, a district spokeswoman.

Also, incidents of excessive force and racial bias toward black students have cropped up in recent years. Two white Memphis officers were fired in 2013 after hitting a black student and wrestling her to the ground because she was “yelling and cussing” on school grounds. And mothers of four elementary school students recently filed a lawsuit against a Murfreesboro officer who arrested them at school in 2016 for failing to break up a fight that occurred off-campus.

Rise & Shine Tennessee

“Chalkbeat grounds me in the work going on here. It’s a lifesaver for understanding the lay of the education land.” — Clare L.

Just how common those incidents are in Memphis is unclear. In response to Chalkbeat’s query for the number and type of complaints in the last two school years, Shelby County Schools said it “does not have any documents responsive to this request.”

Currently, 38 school resource officers are sheriff’s deputies, and the rest are security officers hired by Shelby County Schools. The officers respond and work to prevent criminal activity in all high schools and middle schools, Hopson said. The 30 additional officers would augment staffing at some schools and for the first time, branch out to some elementary schools. Hopson said those decisions will be based on crime rates in surrounding neighborhoods and school incidents.

Hopson’s initial recommendation for more school resource officers was in response to the school shooting in Parkland, Florida, that killed 17 people and sparked a wave of student activism on school safety, including in Memphis.

For more on the role and history of school resource officers in Tennessee, read our five things to know.

Sheriff’s deputies and district security officers meet weekly, said Capt. Dallas Lavergne of the Shelby County Sheriff’s Office. When the Memphis Police Department pulled their officers out of school buildings following the merger of city and county school systems, the county Sheriff’s Office replaced them with deputies.

All deputy recruits go through school resource officer training, and those who are assigned to schools get additional annual training. In a 2013 review of police academies across the nation, Tennessee was cited as the only state that had specific training for officers deployed to schools.